An environmental civil action has been struck out
recently. The claimants had suffered loss but were unable to
demonstrate any form of tangible physical damage.
The case of D Pride & Partners & Others v
Institute for Animal Health & Others arose out of an
outbreak of foot and mouth disease in 2007. It was first identified
at a farm in Surrey which was three miles away from a research
facility operated by The Institute for Animal Health
("IAH") and Merial Animal Health Limited
("MAH").
Following the outbreak, animals were culled, a restricted zone
across the whole of England was declared, and a ban on animal
exports into the European Union was imposed.
Fourteen livestock farmers brought claims against IAH and MAH,
together with the Secretary of State for Environment, Food and
Rural Affairs as licensor and regulator of the research facility.
Liability in tort (negligence, nuisance and the rule in
Rylands v Fletcher) was alleged following the
release of the virus
